NEWS

Every year, hundreds of thousands of foreign nationals are admitted to Canada as “temporary residents”. These may be tourists who are visiting under a visitor visa or an electronic Travel Authorization (eTA) if they are from a visa-exempt country. They may be students or workers in Canada temporarily. While many applicants are most concerned about the eligibility requirements to obtain such temporary visas to enter Canada, it is extremely important for temporary residents to understand the legal nature of their stay in Canada in order to maintain their status and ensure that they do not become inadmissible to Canada by breaching any conditions on their type of visa.

Having legal status means you are authorized to enter and remain in Canada as a temporary or permanent resident under the Immigration and Refugee Protection Act, as a Canadian citizen under the Citizenship Act or as a Registered Indian under the Indian Act. In the case of temporary residents, your status is valid for a specific period of time that is set out in your visa, study or work permit.

Apply for an extension before you lose your statusEach type of temporary visa has a different duration. For example a study permit may be for the duration of your studies in Canada. A work permit may be for the duration of the contract of employment you have with your employer in Canada. In the case of visitors you are generally permitted to stay in Canada for up to 6 months from the date of your entry (unless the officer indicates at the time of your entry that you are permitted to remain in Canada for a shorter period of time).

Irrespective of the type of temporary status you hold, you should be careful of the duration and ensure that you take appropriate steps to extend you status before your status expires. For example, if your studies are taking longer than your original study permit, you can apply to extend your study permit. In the case of visitors, you will need to leave Canada before six months or, if there is a reason why you need to remain in Canada, it is possible to apply for an extension of your status before the six months is up.What if you miss the deadline to extend you status?In some situations you may not be able to apply to extend your visa or apply for a new visa in time. Depending on your circumstances this may create serious problems with regards to your ability to extend your study permit or work permit and may even impact your eligibility for future visas. However, if you have missed your deadline to apply for a renewal by only a few days, there is a window of opportunity to be able to apply to restore your status for up to 90 days from the date of expiration of your visa or permit

A restoration application is very important as you must explain the circumstances that prevented you from complying with the conditions of your permit and you must meet all the conditions of your initial visa or permit. Applications are processed on a case-by-case basis and the 90 day deadline is very rigid. If you have missed your deadline you should immediately consult an experienced immigration lawyer to understand your options.Application To Return to Canada (ARC)In some cases, where a temporary resident has overstayed his or her authorized period to remain in Canada or did not comply with the conditions of his or her stay, the resident may be issued with a removal order. If you are issued with a removal order (which may be a departure order, deportation order or exclusion order) then you may no longer stay in Canada and it may also result in you becoming inadmissible for re-entry to Canada.Depending on the reason you receive on the removal order you may be able to appeal the decision. However, once a removal order is final, in most cases you will need a special permission called an Authorization to Return to Canada (“ARC”) before you will be allowed to re-enter Canada.ARC applications require that you demonstrate that there is a low possibility that you will repeat the behaviour that caused the order to be issued in the first place and your current situation as well as the reason you have for returning to Canada. The officer will also consider the reasons for which the removal order was issued and the amount of time that has passed since the order was issued. There is no guarantee that an ARC will be issued and by having the assistance of an experienced immigration lawyer you will be able to navigate the process and ensure that you submit the best application possible and have the highest chance of success.

This week is Canada Citizenship Week and marks one year since the Bill C-6 came into effect last year introducing important changes in citizenship laws and regulations. So how have these changes been implemented over the past year and what impact has this had on those interested in obtaining Canadian citizenship?

Number of applicationsThe biggest change that came into effect in October 2017 was the reduction in time that permanent residents had to be physically present in Canada before qualifying for citizenship. The minimum time physically spent in Canada was reduced from 4 out of 6 years to 3 out of 5 years. As a result of this change, the number of applications for Canadian citizenship has doubled from approximately 100,000 in 2016-2017 to more than 240,000 in 2017-2018.

Processing time for citizenship applicationsSince the changes in eligibility were introduced Immigration, Refugees and Citizenship Canada (IRCC) has maintained that routine applications will be processed within 12 months. Within the first year since the changes came into effect, IRCC estimates that 152,000 permanent residents have have obtained citizenship under these new rules and IRCC is trying to maintain its commitment to process applications within 12 months.

Top Tips for New Citizenship Applications1) Verify your dates to ensure eligibility: in order to be eligible for Canadian citizenship you must have been physically present in Canada for at least 1,095 days in the past 5 years before you submit your application. You should check your dates based on your passport stamps and airline tickets. If you have travelled extensively to a country that does not stamp your passport you may consider applying for entry-exit records in order to have have a completely accurate list of all dates you were absent from Canada. Citizenship officers review all dates thoroughly and I have seen applications refused for being short just one day.

2) Check, check and check again: if you prepare your own application you should carefully check your application several times to ensure all questions are answered and that information provided is correct. And if you choose to have a representative prepare your application you should remember that you bear the ultimate responsibility for the information submitted on your behalf and should review your application before you sign the forms.

3) Complete supporting documents: by submitting all the required documents including copies of passports, proof of language ability, police clearances and so on, you will prevent delays in the processing of your application. You should also note that any documents that are not in English need to be officially translated. I advise all applicants that they should carefully review all translations to ensure that all information is correctly translated and avoid costly delays and issues that may arise from incorrect translations.

4) Be prepared for your citizenship test: if you are between 18 and 54 you will be required to undertake the citizenship test. The test is a serious matter and you have to get at least 15 out of 20 questions right in order to pass the citizenship test and you should adequately prepare by studying before your citizenship test.

5) If you receive a citizenship questionnaire seek assistance immediately: you may receive a citizenship questionnaire requesting additional documents and information after you submit your application. It is important to speak with an experienced immigration lawyer to understand the request and respond in a timely manner with all the information and documents requests.

Over the past few weeks I have written about the various business pathways in Canada including Quebec's business categories and the opportunities to obtain a work permit to operate their own business in Canada. In addition to these methods, most provinces across Canada also have specific programs to attract entrepreneurs.Canada is facing a critical challenge. Due to its aging population it is projected that 75% of all small business owners will retire in the next 5-10 years. Add to this the fact that many provinces across Canada are facing negative population growth and it becomes clear why these provinces are taking important steps to attract and retain new immigrants, particularly those who will set up or buy existing businesses in the province.

This presents a unique opportunity for those who are interested in immigrating to Canada and would like to engage in a business activity that will lead to permanent residence. Each province has different programs based on their local needs however most of the provincial nominee programs for entrepreneurs incorporate the following three steps:

1- eligibility requirements: if you meet the minimum eligibility requirements and score required for each province you will be able to submit an initial application to be considered by the province. Your score will be assessed on factors such as age, education, work experience, management experience, business ownership experience, net assets and any connections you have to the province. However, even if you meet the minimum score, provinces will choose the highest overall scores from among all applications that they receive.

2- settlement in the province: once you are selected to proceed with your provincial application based on your high score, the province will support your application for a work permit to come to Canada in order to buy or set up your business in the province. The minimum investment that you must make will vary depending on your destination. Currently the lowest amount of investment required in your active business is at least $150,000. When you have settled in the province, made your active investment and managed it as an active business for at least one year, the province can nominate you to receive permanent residence.

3- application for permanent residence: after having completed step 2 and making your active business investment in the province you can finally submit your application to receive permanent residence in Canada. As with all other applications for permanent residence you will have to undergo medical and security checks. Once your application is approved you and your eligible family members will obtain permanent residence in Canada.

The provinces' goal in setting up their programs is to attract and retain immigrants. Therefore it is important to note that a province may withdraw its support for your permanent residence application if it finds out that you do not intend to reside in the province after you obtain your permanent residence.

The best advice I have for applicants who are interested in applying to a provincial nominee program is that they should do a lot of research before they finalize their decision. While I may be able to explain the differences between the various programs, ultimately you and your family will have to live and work in your chosen province. In order to help make your decision you should try to make an exploratory trip to the province as well as search business and living conditions online. The time you spend researching and developing your plans will not only help you to make the best decision but will also increase your prospects of success in reaching your goal of setting up a business and new life in Canada.

Note: This information is not intended as legal advice or opinion. You should always seek specialized legal advice with regards to your situation as the facts of each case are unique and the application of law varies in every case.